Sex with a Minor

My question involves criminal law for the state of: Georgia
My daughter is 14 years old. She was asl to go inside of a house with 2boys, which gave her alchol. At some point she had sex with each of them ages 16 & 17. We took her and had her checked out and spmething had happen. Mant people are saying she concented, she does not remember if she said yes or no. what are the laws in the state of GA? I know she is undr the age of cocent, but did not fully understand the law.
thanks for any help with understanding the laws in our state

Re: Sex with a Minor

When you report this to the police, they'll worry about issues of consent. When you deliberately get somebody so intoxicated that they cannot give meaningful consent to intercourse, they cannot consent.

Re: Sex with a Minor

Re: Sex with a Minor

Consent is not the issue. The main issue is whether or not she had sexual intercourse and you can prove beyond a reasonable doubt that the sexual contact happened. Because she is 14 she is not old enough to give legal consent regardless of any alcohol consumption. The DA may be slow in moving the case along if your daughter has given testimony that keeps changing or if there are other questions as to the actual crime occurring. As Pandora suggested, I advise speaking with an attorney as soon as possible.

Re: Sex with a Minor

Re: Sex with a Minor

If the matter was consensual, it is a misdemeanor in GA (16-6-3). No one is going to prison, and no one is going to be clapped in irons.

My guess is that if the boys are admitting to sex, they are claiming that it was consensual. It is likely that they are unable to support an allegation of rape due to intoxication so they are left with the statutory offense which is a misdemeanor. the fact that they have not simply filed on the misdemeanor tells me that they are still open to the possibility of rape, but they have not obtained enough evidence to make that case stick as yet.

Re: Sex with a Minor

We ca not say it was rape because she does not remember.

we just want both to have to register as a sex offender, and that will make us happy. I know that sounds harsh but these 2 boys knew what they were doing when the put alchol into the picture. Im hoping with the therpist help theu can go back and prove rape. Just because it needs to be know the true situation. If it was truely rape.

Re: Sex with a Minor

Quoting angry mom

We ca not say it was rape because she does not remember.

Then rape is not likely to be charged unless the state can show that the boys should have reasonably known she was too intoxicated to grant consent. I suspect the delay is that they are trying to figure out how to get there ... if they can.

we just want both to have to register as a sex offender, and that will make us happy.

That does not appear to be possible if this is statutory rape per 16-6-3.

I know that sounds harsh but these 2 boys knew what they were doing when the put alchol into the picture. Im hoping with the therpist help theu can go back and prove rape. Just because it needs to be know the true situation. If it was truely rape.

Any repressed memories the therapist claims to retrieve will be shot to pieces by a decent defense attorney.

Stay in touch with the investigating agency and the prosecuting attorney (if they are pursuing this at all). It might also be possible that the state will not pursue the issue due to the low level of the offense (if misdemeanor stat. rape) and available resources.

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